1-1  By:  Hamric, McCall, et al. (Senate Sponsor - Shapiro)  H.B. No. 63
    1-2        (In the Senate - Received from the House March 22, 1993;
    1-3  March 23, 1993, read first time and referred to Committee on Health
    1-4  and Human Services; April 14, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 9, Nays
    1-6  0; April 14, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR H.B. No. 63                    By:  Nelson
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the regulation of mammography devices and the practice
   1-22  of mammography.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Chapter 401, Health and Safety Code, is amended
   1-25  by adding Subchapter L to read as  follows:
   1-26          SUBCHAPTER L.  CERTIFICATION OF MAMMOGRAPHY SYSTEMS
   1-27        Sec. 401.421.  DEFINITIONS.  In this subchapter:
   1-28              (1)  "Certification" means an authorization for the use
   1-29  of a mammography system.
   1-30              (2)  "Mammography" means the use of radiation to
   1-31  produce an image of the breast on film, paper, or digital display
   1-32  that may be used to detect the presence of pathological conditions
   1-33  of the breast.
   1-34              (3)  "Mammography system" includes the following:
   1-35                    (A)  an x-ray unit used as a source of radiation
   1-36  in producing images of breast tissue;
   1-37                    (B)  an imaging system used for the formation of
   1-38  a latent image of breast tissue;
   1-39                    (C)  an imaging processing device for changing a
   1-40  latent image of breast tissue to a visual image that can be used
   1-41  for diagnostic purposes;
   1-42                    (D)  a viewing device used for the visual
   1-43  evaluation of an image of breast tissue if the image is produced in
   1-44  interpreting visual data captured on an image receptor;
   1-45                    (E)  a medical radiological technologist who
   1-46  performs a mammography; and
   1-47                    (F)  a physician who engages in, and who meets
   1-48  the requirements adopted by board rule relating to, the reading,
   1-49  evaluation, and interpretation of mammograms.
   1-50        Sec. 401.422.  CERTIFICATION REQUIRED.  (a)  A person may not
   1-51  perform mammography unless the mammography system used has been
   1-52  issued a certification under this subchapter.
   1-53        (b)  A certification under Subsection (a) is required in
   1-54  addition to any license, registration, or other requirement under
   1-55  this chapter.
   1-56        Sec. 401.423.  POWERS AND DUTIES OF BOARD.  (a)  The board
   1-57  shall:
   1-58              (1)  prescribe application forms for original and
   1-59  renewal certifications;
   1-60              (2)  adopt rules for the administration of this
   1-61  subchapter; and
   1-62              (3)  take other action necessary to enforce this
   1-63  subchapter.
   1-64        (b)  The board shall apply under the Mammography Quality
   1-65  Standards Act of 1992 (42 U.S.C. Section 354) to carry out the
   1-66  certification program requirements and to implement the standards
   1-67  established by the United States Secretary of Health under that Act
   1-68  in this state.  If the United States Secretary of Health grants the
    2-1  board's application, the board shall assume those responsibilities.
    2-2        Sec. 401.424.  MAMMOGRAPHY CERTIFICATION STANDARDS.  (a)  To
    2-3  receive a mammography certification under this subchapter, the
    2-4  mammography system must, at a minimum:
    2-5              (1)  meet criteria at least as stringent as the
    2-6  American College of Radiology mammography accreditation program;
    2-7              (2)  be specifically designed and used for the
    2-8  performance of mammography;
    2-9              (3)  be operated by an individual certified as a
   2-10  medical radiologic technologist under Chapter 1096, Acts of the
   2-11  70th Legislature, Regular Session, 1987 (Article 4512m, Vernon's
   2-12  Texas Civil Statutes), who has successfully completed special
   2-13  training in mammography; and
   2-14              (4)  be used in a facility that:
   2-15                    (A)  meets, at minimum, the requirements for
   2-16  certification of the Mammography Quality Standards Act of 1992 (42
   2-17  U.S.C. Section 354);
   2-18                    (B)  has a licensed medical physicist specialized
   2-19  in radiology under Chapter 235, Acts of the 72nd Legislature,
   2-20  Regular Session, 1991 (Article 4512n, Vernon's Texas Civil
   2-21  Statutes), who at least annually provides on-site consultation to
   2-22  the facility including a complete evaluation of the entire
   2-23  mammography system to ensure compliance with this subchapter;
   2-24                    (C)  maintains records of the consultations
   2-25  required under Paragraph (B) for not less than seven years after
   2-26  the date the consultation was performed;
   2-27                    (D)  establishes a quality control program that
   2-28  meets requirements that are at least as stringent as those of the
   2-29  American College of Radiology mammography accreditation program;
   2-30  and
   2-31                    (E)  maintains and makes available to a patient
   2-32  of the facility original mammograms performed at the facility until
   2-33  the earlier of:
   2-34                          (i)  the fifth anniversary of the
   2-35  mammography;
   2-36                          (ii)  if an additional mammogram of the
   2-37  same patient is not performed by the facility, the 10th anniversary
   2-38  of the mammography; or
   2-39                          (iii)  at the request of the patient, the
   2-40  patient's medical records are forwarded to another medical
   2-41  institution.
   2-42        (b)  To protect the public health, the board by rule may
   2-43  adopt more stringent or additional requirements for:
   2-44              (1)  the certification of mammography systems; and
   2-45              (2)  the retention of original mammograms.
   2-46        (c)  To protect the public health, the board by rule shall
   2-47  adopt qualifications for a physician who reads, evaluates, and
   2-48  interprets a mammogram that are no less stringent than the
   2-49  standards of the American College of Radiology.
   2-50        (d)  The board shall make available to the public copies of
   2-51  the criteria of the American College of Radiology mammography
   2-52  accreditation program or the modified criteria adopted by board
   2-53  rule.
   2-54        (e)  Notwithstanding any other provision of this chapter, the
   2-55  standards imposed for certification under this chapter may not be
   2-56  less stringent than the standards imposed on a facility under the
   2-57  Mammography Quality Standards Act of 1992 (42 U.S.C. Section 354).
   2-58        Sec. 401.425.  ALTERNATIVE CERTIFICATION; EXEMPTIONS.
   2-59  (a)  The department shall issue a certification under this
   2-60  subchapter for a mammography system for which the department is
   2-61  provided proof of accreditation by the American College of
   2-62  Radiology or another recognized organization that has standards no
   2-63  less stringent than the standards of the American College of
   2-64  Radiology.
   2-65        (b)  A mammography system issued a certification under this
   2-66  section is exempt from the certification standards established by
   2-67  or under Section 401.424 and the inspection requirements
   2-68  established by or under Section 401.430.
   2-69        (c)  If the board finds that application of this section
   2-70  would make the requirements of this chapter less stringent than the
    3-1  standards applicable under the Mammography Quality Standards Act of
    3-2  1992 (42 U.S.C. Section 354), the board may not issue a
    3-3  certification under this section.
    3-4        Sec. 401.426.  APPLICATION FOR CERTIFICATION.  (a)  A person
    3-5  who owns, leases, or uses or the agent of a person who owns,
    3-6  leases, or uses a mammography system must file a written
    3-7  application for certification under Section 401.424 or Section
    3-8  401.425 on a form prescribed by the board.
    3-9        (b)  The department may require, at any time after an
   3-10  application is filed, further information from the applicant and
   3-11  conduct inspections necessary to determine whether the application
   3-12  for certification should be granted or denied.
   3-13        Sec. 401.427.  CERTIFICATION RENEWAL.  (a)  A certification
   3-14  is valid for one year and may be renewed annually on payment of the
   3-15  required renewal fee.
   3-16        (b)  The board by rule may adopt a system under which
   3-17  certifications under this subchapter expire on various dates during
   3-18  the year.
   3-19        (c)  If a certification holder fails to renew the
   3-20  certification by the required date, the certification holder may
   3-21  renew the certification on payment of the renewal fee and a late
   3-22  fee set by the board.  If the certification is not renewed before
   3-23  the 181st day after the date on which the certification expired,
   3-24  the certification holder must apply for an original certification
   3-25  under this subchapter.
   3-26        (d)  A mammography system may not be used after the
   3-27  expiration date of the certification unless the holder of the
   3-28  expired certification has made a timely and sufficient application
   3-29  for renewal of the certification as provided under Section 18,
   3-30  Administrative Procedure and Texas Register Act (Article 6252-13a,
   3-31  Vernon's Texas Civil Statutes), and a final determination of the
   3-32  application by the board has not been made.
   3-33        Sec. 401.428.  DENIAL, SUSPENSION, REVOCATION, OR
   3-34  REINSTATEMENT OF CERTIFICATION.  (a)  The department may deny,
   3-35  suspend, revoke, or reinstate a certification.
   3-36        (b)  The board shall adopt rules establishing the grounds for
   3-37  denial, suspension, revocation, or reinstatement of a certification
   3-38  and establishing procedures for disciplinary actions.
   3-39        (c)  Proceedings relating to the suspension or revocation of
   3-40  a certification issued under this subchapter are subject to the
   3-41  Administrative Procedure and Texas Register Act (Article 6252-13a,
   3-42  Vernon's Texas Civil Statutes).
   3-43        (d)  A person whose certification has been revoked may apply
   3-44  for a new certification on the expiration of one year after the
   3-45  date the certification was revoked.
   3-46        Sec. 401.429.  CERTIFICATION FOR MULTIPLE MAMMOGRAPHY
   3-47  SYSTEMS.  (a)  An applicant for certification under Section 401.426
   3-48  must obtain a separate certification for each mammography system
   3-49  that is owned, leased, or used by the applicant.
   3-50        (b)  Certification of multiple mammography systems by a
   3-51  single applicant may be recorded on a single certification
   3-52  document.  If multiple mammography systems are recorded on a single
   3-53  certification document, each specific machine certified, if any,
   3-54  must be identified on the certification document by referring to
   3-55  the machine's manufacturer, model number, and serial number.
   3-56        Sec. 401.430.  INSPECTIONS.  (a)  The department shall
   3-57  inspect each mammography system that receives a certification under
   3-58  this subchapter not later than the 60th day after the date the
   3-59  certification is issued.
   3-60        (b)  The department shall inspect, at least once annually,
   3-61  each mammography system that receives a certification.
   3-62        (c)  To protect the public health, the department may conduct
   3-63  more frequent inspections than required under this section.
   3-64        (d)  The department shall make reasonable attempts to
   3-65  coordinate inspections under this section with other inspections
   3-66  required under this chapter for the facility where the mammography
   3-67  system is used.
   3-68        (e)  After each satisfactory inspection, the department shall
   3-69  issue a certificate of inspection for each mammography system
   3-70  inspected.  The certificate of inspection must be posted at a
    4-1  conspicuous place on or near the place where the mammography system
    4-2  is used.  The certificate of inspection shall:
    4-3              (1)  specifically identify the mammography system
    4-4  inspected;
    4-5              (2)  state the name and address of the facility where
    4-6  the mammography system was used at the time of the inspection; and
    4-7              (3)  state the date of the inspection.
    4-8        (f)  A notice of a mammography system's failure to satisfy
    4-9  department standards shall be posted:
   4-10              (1)  on the mammography system at a conspicuous place
   4-11  if the system is a machine; or
   4-12              (2)  near the place where the mammography system
   4-13  practices if the system is an individual.
   4-14        (g)  To protect the public health, the board may adopt rules
   4-15  concerning the grounds for posting a failure notice and the
   4-16  placement and size of the failure notice.
   4-17        Sec. 401.431.  TRANSITION.  (a)  A mammography system is not
   4-18  required to have a certification under this subchapter until
   4-19  July 1, 1994.
   4-20        (b)  Section 401.422 takes effect July 1, 1994.
   4-21        (c)  The board shall adopt rules under this subchapter not
   4-22  later than January 1, 1994.
   4-23        (d)  This section expires January 1, 1996.
   4-24        SECTION 2.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
   4-28  days in each house be suspended, and this rule is hereby suspended,
   4-29  and that this Act take effect and be in force from and after its
   4-30  passage, and it is so enacted.
   4-31                               * * * * *
   4-32                                                         Austin,
   4-33  Texas
   4-34                                                         April 14, 1993
   4-35  Hon. Bob Bullock
   4-36  President of the Senate
   4-37  Sir:
   4-38  We, your Committee on Health and Human Services to which was
   4-39  referred H.B. No. 63, have had the same under consideration, and I
   4-40  am instructed to report it back to the Senate with the
   4-41  recommendation that it do not pass, but that the Committee
   4-42  Substitute adopted in lieu thereof do pass and be printed.
   4-43                                                         Zaffirini,
   4-44  Chair
   4-45                               * * * * *
   4-46                               WITNESSES
   4-47                                                  FOR   AGAINST  ON
   4-48  ___________________________________________________________________
   4-49  Name:  Jim Zukowski                                            x
   4-50  Representing:  Tx Dept. of Health
   4-51  City:  Austin
   4-52  -------------------------------------------------------------------
   4-53  Name:  Linda Farrow                                            x
   4-54  Representing:  Tx Dept. of Health
   4-55  City:  Austin
   4-56  -------------------------------------------------------------------
   4-57  Name:  Emily Untermeyer                                        x
   4-58  Representing:  Tx Cancer Council
   4-59  City:  Austin
   4-60  -------------------------------------------------------------------
   4-61  Name:  Sara Rusk McGonagle                       x             x
   4-62  Representing:  Tx Nurses Assn.
   4-63  City:  Austin
   4-64  -------------------------------------------------------------------
   4-65  Name:  Janie McMahan                             x             x
   4-66  Representing:  Tx Hospital Assn.
   4-67  City:  Austin
   4-68  -------------------------------------------------------------------
   4-69                                                  FOR   AGAINST  ON
   4-70  ___________________________________________________________________
    5-1  Name:  Cindy Antolik                             x             x
    5-2  Representing:  American Cancer Society
    5-3  City:  Austin
    5-4  -------------------------------------------------------------------
    5-5  Name:  Lisa McGiffert                            x             x
    5-6  Representing:  Consumers Union
    5-7  City:  Austin
    5-8  -------------------------------------------------------------------
    5-9  Name:  Gerald D. Dodd, M.D.                      x
   5-10  Representing:  Tx Radiological Society
   5-11  City:  Houston
   5-12  -------------------------------------------------------------------
   5-13  Name:  Joseph Nanus                                            x
   5-14  Representing:  Tx Dept. of Health
   5-15  City:  Austin
   5-16  -------------------------------------------------------------------
   5-17  Name:  Janet A. Hale, M.D.                       x
   5-18  Representing:  Tx Medical Assn.
   5-19  City:  Dallas
   5-20  -------------------------------------------------------------------
   5-21  Name:  David Smith, M.D.                         x
   5-22  Representing:  Tx Dept. of Health
   5-23  City:  Austin
   5-24  -------------------------------------------------------------------
   5-25  Name:  Anne Crews                                x
   5-26  Representing:  Susan Komen Foundation
   5-27  City:  Dallas
   5-28  -------------------------------------------------------------------
   5-29  Name:  Lucretia Biscomb                          x             x
   5-30  Representing:  Self
   5-31  City:  Round Rock
   5-32  -------------------------------------------------------------------